In a criminal case (theft) is witness testimony admissible if the witness cannot positively identify the perpetrator but says that they saw someone of about the defendant's height and weight grab the item and flee the scene?
Yes the testimony will be admissible because it is relevant. The State will need more to establish identity.See question
Recently on ACOD (as of November 2015) for a criminal possession of marijuana charge. It's a misdemeanor, anyways my last court date I got one year ACOD and I had to finish some 13 week treatment program. I'm all done with the treatment program an...
The speeding ticket should not have any effect on your ACOD. You should not anticipate any further issues.See question
I got a Desk Appearence Ticket for PL 221.10. I never been arrested before or had run ins with the law before. How much would I be charged for a lawyer to handle this case if I need one.
If you are eligible you should speak to your attorney about it. You should discuss all the facts with your attorney to make sure that an ACD is appropriate in your case. As for fees, they vary greatly. Call a few attorneys and ask.
good luck.See question
Some girl claims how she was sexually assaulted by me at a party. I didn't. She says the proof is how she saw me. Is this legal? No one else saw me doing such or even at that place. She has no witness nor evidence. I am the proof that I didn't. So...
The police will take the complaint and charge you after interviewing the alleged victim with the crime(s) they determine are appropriate. The county prosecutor will have to investigate the allegations. You are presumed innocent and will not be forced to make a statement to the police or prosecutor. If the alleged victim is not believed then the case will not go ahead. If the alleged victim is believed you will be entitled to a trial and can not be convicted unless the charge(s) are proved beyond a reasonable doubt.See question
I was arrested for drunk driving back in June in Suffolk County, NY. Long story short, I was ruled with a DWAI as long as i completed 50 hours community service and I'm assuming I must complete the DDP. I finished the service early and I'm waiting...
You do not get any credit time off from your suspension upon your sentencing based upon your pre-conviction suspension.See question
downgraded to 2nd offense but with a ten year suspension.. is there any way to overturn it ?
If you were treated as a second DWI it probably pertained to the jail component of the sentencing. You may bring a motion at this time but please consult the attorney that represented you.See question
Do all arraignments end with trial, or even though the process has come this far is there chance charges will be dismissed? Could motions get charges and or evidence dropped after arraignment?
An arraignment is in many ways the beginning of the court process for a criminal case. There are many potential outcomes that my occur in a case, some of which you mentioned in your question. Seek the advise of a local, experienced criminal defense attorney.See question
Should I plea guilty to my charges? Criminal offense but no jail time. What will happen I plea not guilty? I only need to pay a fine? It's in the municipal court
It is advised that you consult with a local criminal defense attorney that can review the police reports, discuss with you your rights and potential defenses before making any decision.See question
I am required to ignition interlock in my vehicle which I have installed. As I did not have a license for nearly 10 years I had to retake my written and road test to restore my license. I have passed the written test and now I have driving permit....
You are required to have the ignition interlock any motor vehicle that you operate during the time period that the judge ordered.See question